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Noah J. Kaufman counsels clients in appellate, antitrust, and general litigation matters. He works with clients across a variety of sectors, including higher education, life sciences, retail, automotive, and non-profit. Noah has handled matters in trial and appellate courts across the country for some of the world’s leading companies and academic institutions. Noah zealously advocates for his clients, while maintaining a commitment to treating others with civility and respect.
Prior to joining Morgan Lewis, Noah worked for several years at a Boston-based international law firm. He also served as a federal law clerk to a total of four judges, including most recently on the US Court of Appeals for the First Circuit. Noah formerly served as an adjunct professor at Northeastern University School of Law and Suffolk University Law School, where he taught legal research and writing.
Noah maintains an active pro bono practice. He regularly represents survivors of domestic violence in trial and appellate proceedings against their abusers, and was recently recognized with a Morgan Lewis pro bono award for his work with survivors of violence. In 2016, Noah co-led a team of Morgan Lewis attorneys in a successful challenge to the “travel ban” on behalf of an Iranian pediatric medical researcher.
Selected Representations
CollegeNET v. The Common Application, Inc. – Represented The Common Application, a non-profit organization committed to access to higher education, in appellate proceedings before the US Court of Appeals for the Ninth Circuit and the US Supreme Court in connection with an antitrust lawsuit brought by a for-profit rival.
Pierce v. Association of American Medical Colleges – Secured dismissal of an antitrust lawsuit brought against the Association of American Medical Colleges, Yale University, and the University of Pennsylvania challenging medical school admissions policies and decisions; defending the judgment on appeal to the US Court of Appeals for the District of Columbia Circuit and the US Supreme Court.
Federal Trade Commission v. Shire ViroPharma Inc. – Secured dismissal of antitrust claims brought by the FTC against a life sciences company for purported sham petitioning before the Food and Drug Administration; successfully defended the decision on appeal before the US Court of Appeals for the Third Circuit.
Waithaka v. Amazon.com, Inc. – Successfully briefed and argued an issue of first impression in U.S. District Court for the District of Massachusetts regarding the Class Action Fairness Act on behalf of Amazon.
Emerald Capital Advisors v. Bayerische Motoren Werke – Secured summary judgment on behalf of BMW on a $32.5 million unjust enrichment claim brought by the bankruptcy trustee to the former Fisker Automotive Company.
Anderson v. Aramark Management Services – Represented Aramark in securing dismissal of a lawsuit involving antitrust and employment claims.
Helicopter Helmet, LLC v. Gentex Corp. – Represented Gentex in proceedings before the Third Circuit in securing affirmance of the dismissal of antitrust and related claims brought by a market rival.
Awards and Affiliations
Member, Practice Group of the Year, Competition, Law360 (2017, 2018)
Morgan Lewis Pro Bono Award (2018)
Member, Public Interest Leadership Program of the Boston Bar Association (2018–2019)
Member, American Bar Association
Member, Massachusetts Bar Association
Admissions
Massachusetts
Supreme Court of the United States
US Court of Appeals for the First Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the District of Columbia Circuit
US District Court for the District of Massachusetts
Clerkships
Clerkship to Judge Norman H. Stahl of the US Court of Appeals for the First Circuit (2015 - 2016)
Clerkship to Judge Landya B. McCafferty and Judge Joseph A. DiClerico, Jr. of the US District Court for the District of New Hampshire (2014 - 2015)
Clerkship to Chief Judge William E. Smith of the US District Court for the District of Rhode Island (2013 - 2014)
